Former Sinn Féin leader wins legal battle against broadcaster after allegation in documentary

After a four-week jury trial at Dublin High Court, former Sinn Féin leader Gerry Adams, 76, was awarded €100,000 (£84,000) in damages after the BBC’s Spotlight documentary alleged his involvement in the 2006 murder of Denis Donaldson.

The documentary, which was aired in 2016 alongside an accompanying article, featured an anonymous source, ‘Martin’, who alleged that adams had sanctioned the killing of the Donegal man. Donaldson was shot and killed mere months after admitting he had been an MI5 agent for over 20 years. The Real IRA later claimed responsibility for the murder.

Numerous experts have discussed the impact of this victory on the legal landscape in both the UK and Ireland, as well as the potentially devastating effects on journalistic freedom and integrity.

In England and Wales, defamation cases are seen as a ‘balancing act’ between the Article 10 right to freedom of expression and the Article 8 right to private and family life. A witness for the BBC, Mr Banatvala told the court there was a strong public interest in broadcasting the story, particularly given the information about Adams already in the public domain.

Significantly, many claimants prefer to sue in Ireland rather than in England as it is considered more ‘claimant-friendly’. There is no ‘serious harm’ threshold, unlike under the Defamation Act 2013. This means that, in contrast to England and Wales, plaintiffs in both Ireland and Northern Ireland do not need to prove that their reputation has actually been harmed in order to proceed with legal action.

The 2013 Act also abolished the presumption of jury trials in defamation cases, making Adams’ jury trial against the BBC particularly unusual by standards in England and Wales.

The main issue the jury asked to consider was whether the BBC had acted ‘fairly and reasonably’ and ‘in good faith’. The verdict suggests that the jury did not believe the broadcaster met these criteria.

So, what does this mean going forward? The verdict has led many to predict defamation reform in Ireland, with various justice committees already calling for the introduction of a ‘serious harm’ test.

The Defamation (Amendment) Bill 2024 has reached the committee stage in the Oireachtas (parliament) and is awaiting scrutiny by members of the Dail (lower house).

it is believed that, if this bill replaces the Defamation Act 2009, Irish defamation law will more closely resemble that of England and Wales - including the abolition of jury trials and the introduction of the ‘serious harm’ threshold.

Adams’ award of €100,000 is significantly less than the €200,000 he initially sought from the BBC. However, legal bills for both sides are rumoured to be as high as £4.2 million.

For students considering media or defamation law, this case is a great example of the careful balance between press freedom and personal reputation - and the evolving legal frameworks that govern both the UK and Ireland.

This article was commissioned by Chambers and Partners.